N.Y. Public Authorities Law § 2050-t: Pledge by county; contracts with municipalities; powers of municipalities

§ 2050-t. Pledge by county; contracts with municipalities; powers of

municipalities. 1. The county is hereby authorized to pledge to and

agree with the holders of the bonds that the county will not limit or

impair the rights hereby vested in the agency to purchase, construct,

maintain, operate, repair, improve, increase, enlarge, extend,

reconstruct, renovate, rehabilitate or dispose of any project, or any

part or parts thereof, for which bonds of the agency shall have been

issued, to establish and collect rates, rents, fees and other charges

referred to in this title and to fulfill the terms of any agreements

made with the holders of the bonds or with any public corporation or

person with reference to such project or part thereof, or in any way

impair the rights and remedies of the bondholders, until the bonds,

together with interest thereon, with interest on any unpaid installments

of interest and all costs and expenses in connection with any action or

proceeding by or on behalf of the bondholders are fully met and

discharged.

2. The county and one or more municipalities within the county, or the

agency and the county, shall have power to contract from time to time

between or among themselves, or among themselves and with the agency, in

relation to the collecting, receiving, transporting, storage processing

or disposal of solid waste or for the purchase or use of any materials,

energy, by-products or residue generated by or resulting from the

operation of any solid waste management-resource recovery facility. Any

such contract to which the county and any municipality within the county

are parties may include provisions stipulating the maximum rates,

rentals, fees and other charges to be collected for the use of

facilities. Any contract to which the agency and the county are parties

may include provisions (a) requiring the periodic delivery to the

particular facilities of minimum amounts of solid waste and providing

for specified minimum periodic payments whether or not such delivery is

made subject to such limitations, exceptions and provisions therein or

(b) requiring the county to pay, within appropriations available

therefor, such amounts as shall be necessary to assure the continued

operation and solvency of the agency, such payments to be determined and

paid in such manner and at such times as may be provided in such

contract.

3. To further the governmental and public purposes of the agency,

including the implementation of any contract or proposed contract

contemplated by this title, the county shall have the power to adopt and

amend local laws imposing appropriate and reasonable limitations on

competition with respect to collecting, receiving, transporting,

delivering, storing, processing and disposing of solid waste or the

recovery by any means of any material or energy product or resource

therefrom, including, local laws requiring that all solid waste

generated, originated or brought within their respective boundaries,

subject to such exceptions as may be determined to be in the public

interest, shall be delivered to a specified solid waste

management-resource recovery facility; provided, however, that any such

local law enacted by the county shall take precedence over and shall

supersede any inconsistent provisions of any local law enacted by a

municipality within the county. Any such local law shall be adopted in

accordance with the procedure provided by the municipal home rule law,

except that no such local law shall be subject to either mandatory or

permissive referendum. For purposes of this subdivision, solid waste

shall have the meaning specified in this title, but shall not include

any scrap or other material of value separated from the waste stream and

held for purposes of materials recycling.

4. The county is hereby authorized to resell or otherwise dispose of

all or any part of the materials, energy, by-products or residue

purchased from the agency pursuant to subdivision two of this section.

Any resale of or other disposition may be made in such manner as the

county may deem proper and upon such terms and conditions as may be

agreed upon by the parties thereto.

5. The county and all other municipalities within the county shall

have power to perform such other acts, to enter into such other

contracts, including contracts between or among themselves, execute such

instruments and to undertake such future proceedings as shall be

determined necessary or desirable to effectuate the purpose of this

title, including the making of gifts, grants, loans or contributions to

the agency.

6. Except as otherwise provided by section one hundred twenty-w of the

general municipal law, any contract entered into by a municipality

pursuant to this section may be for such term or duration, not to exceed

twenty-five years, as may be agreed upon by the parties thereto, except

that any contract relating to or affecting the security of any project

financed in whole or in part by the agency may provide that the same

shall remain in full force and effect as long as the bonds issued for

such project shall remain outstanding or until adequate provision has

been made for the payment or satisfaction thereof.

7. Any contract entered into pursuant to this section to which the

agency shall be a party may be pledged by the agency as security for any

issue of bonds, and may be assigned, in whole or in part, by the agency,

to any public corporation or person which shall construct, purchase,

lease or otherwise acquire any solid waste management-resource recovery

facility, or part thereof, financed in whole or in part by the agency.

8. Any contract, lease or agreement entered into by the agency

pursuant to this title and which provides for the construction of a

facility which combusts solid waste, shall provide for the utilization

of the best available technology to control the environmental impact of

such facility. Such technology may include fabric filtration and dry

scrubbers to control particulate and acid gas emissions. Any facility at

a minimum shall be constructed and operated in compliance with

requirements of the department of environmental conservation. Any such

contract, lease or agreement also shall include but not be limited to

provisions for:

(a) Monitoring of emissions for toxic air contaminants or surrogates

thereof where appropriate to determine permit compliance at least twice

during the first year of operation and after any detection of permit

violations, and at least annually thereafter; such monitoring to include

provisions for use of statistically valid sampling procedures in all

monitoring; and

(b) Sampling and testing of ash and dust residues at least

semi-annually, pursuant to a method assuring statistical validity, to

determine appropriate disposition or disposal based on relative

toxicity.

Any such contract, lease or agreement also may include provisions for

the payment of up to one dollar and twenty-five cents per ton of solid

waste processed at such facility. Such payments shall be apportioned as

follows: one dollar or a portion thereof to such town or city in which

the facility is located; and twenty-five cents or a portion thereof to

such fire district or to such city, for fire protection purposes, in

which such facility is located.